Commercial Lease under Italian Law

The retail and commercial operators, either Italian or foreign ones, look very familiar and confident about the common rules of the lease agreements for commercial purposes. However, in our experience as legal consultant, we have recognized that such confidence and assumptions might turn to be not entirely correct, as Italian Law of July 27, 1978 no. 392 (“Lease Law”) provides many
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How to protect designs in Italy

During the last Salone Internazionale del Mobile in Milan, a conference was held entitled “From the idea to the product: how to protect design”. This conference was the second meeting of a round of open lectures on copyright given by the Brera Academy of Fine Arts in order to explain to the next generation of artists how to protect their designs at every stage, from conception to di
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Trademarks and social media

The use of trademarks in social media (social network, blogs, file sharing sites etc.) is becoming more and more important both with the use of trademarks by the owner and the use of trademarks by unauthorized third parties. Social share
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Liberalizzazione delle aperture domenicali

L’apertura degli esercizi commerciali nelle giornate domenicali e festive è oggetto, oramai da un oltre un decennio, di un acceso dibattito, sia a livello politico sia a livello giurisprudenziale, soprattutto a seguito dell’entrata in vigore del Legge Bersani (d. lgsl. 114/98) che avrebbe dovuto “liberalizzare” la materia del commercio. Social share
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Liabilities of purchaser in case of assignment of company business

Art. 2560 II Comma of the Italian Civil Code provides that in case of assignment of the company, the purchaser is jointly liable with the seller for debts incurred during the carrying out of the business, if those debts are on the obligatory account books. It is a mandatory norm, which therefore besides operating independently from the will of the parties to the purchase (seller and
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Court grants preliminary injunction in bad faith trademark case

The Court of Milan granted a preliminary injunction to a cosmetics and parapharmaceutical products distribution company despite the fact that the competitor had prior registered an identical Community Trademark. In fact, according to the Court, the previous registration had been applied for with knowledge of the upcoming registration of an identical trade mark by the competitor, the
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